Westminster City Zoning Code
ARTICLE XX
Special Provisions
§ 164-138 Major road plans.
In an area where a major road plan has been duly adopted in accordance with Article 66B of the Annotated Code of Maryland, showing a proposed new highway or street or a proposed relocation or widening of an existing highway or street, no building or part of a building shall be permitted to be erected within the lines of such proposed highway or street except as provided hereinafter:
A.
The Zoning Administrator shall issue a zoning certificate for such construction as applied for, provided that the Maryland State Highway Administration, the County Department of Public Works or an appropriate authority, upon and within 30 days of a written notice thereof, does not reaffirm and substantiate its plans to provide such construction in accordance with the major road plan.
B.
The owner of the property so affected shall, following the expiration time of such written notice, have the right to appeal to the Board the refusal of a zoning certificate, and the Board may give approval to build if it should find, after public hearing and upon the evidence and arguments presented to it upon such appeal that:
(1)
The entire property of the appellant of which the area affected by the major road plan forms a part cannot yield a reasonable return to the owner unless such appeal is granted; and
(2)
Balancing the interest of the general public in preserving the integrity of the plan and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required by consideration of reasonable justice and equity.
§ 164-138.1 Access to state highways.
[Added 4-28-2003 by Ord. No. 700; amended 7-10-2006 by Ord. No. 746; 1-28-2008 by Ord. No. 774]
In certain limited instances, with the concurrence of the Maryland State Highway Administration, the Planning Director is authorized to issue temporary access to state roads to property which is not otherwise authorized to directly access state roads. In order to be eligible for temporary access, the property must having existing access to a state road. Temporary access may not exceed a period of two years from plan approval. Under extraordinary circumstances, with the concurrence of the Maryland State Highway Administration, the Director may grant up to two additional extensions of two years each.
§ 164-139 Essential utility equipment.
[Amended 10-26-1998 by Ord. No. 631]
Essential utility equipment shall be permitted in any zone, as authorized and regulated by law and ordinance of the City, including § 164-157 and Article XXV of this chapter. The term "essential utility equipment" means underground or overhead electrical, gas, communications, water or sewerage systems, inclusive of pumping stations and wastewater treatment plants, and including poles, towers or pole structures, wires, lines owned or maintained by a public utility company or public agencies and mains, drains, sewers, conduits, cables, fire alarm boxes, public telephone stations, police call boxes, traffic signals, hydrants, regulating and measuring devices and the structures in which they are housed and other similar equipment and accessories in connection therewith. Except as hereinbefore provided, it does not include buildings, yards, stations or substations for transforming, boosting, switching or pumping purposes where such facilities are constructed on the ground. Additionally, it does not include telecommunications facilities.
§ 164-139.1 Telecommunications facilities.
[Added 10-26-1998 by Ord. No. 631]
A.
Requirements. Telecommunications facilities shall meet the following requirements:
(1)
An antenna and a related unmanned equipment building or cabinet may be installed on privately owned land on a rooftop of buildings which are at least 30 feet in height. A telecommunications facility antenna must not be mounted on the facade of any building designed or used as a one-family residential dwelling. An unmanned equipment building or cabinet may be located on the roof of a building, provided that it and all other roof structures do not occupy more than 25% of the roof area.
(2)
Telecommunications antennas may be attached to a freestanding monopole on privately owned land. A freestanding monopole, including antenna structure for a telecommunications facility, is permitted up to 199 feet in height with a setback as provided in Subsection A(10) hereof.
(3)
An unmanned equipment building or cabinet included as part of a telecommunications facility on privately owned land must not exceed 560 square feet and 12 feet in height. Any such equipment building or cabinet must be so located as to conform to the applicable setback standards of the zone in which the property is classified.
(4)
All antennas shall be located and designed, including materials, color and texture, so as to minimize visual impact on surrounding properties and as seen from the public streets.
(5)
No signs are permitted in connection with any telecommunications facility.
(6)
No lights or other illumination devices are permitted on any monopole or antenna unless required by the Federal Communications Commission, the Federal Aviation Administration or the City. Any security lighting must be downshielded to prevent light pollution on adjoining properties.
(7)
All monopoles erected as part of a telecommunications facility must maintain or accommodate at least three telecommunications carriers; provided, however, that a monopole or other support structure designed or engineered to accommodate fewer than three telecommunications carriers may be approved by the Board as provided in § 164-139.1.B(8).
(8)
No more than one monopole is permitted on a lot or parcel of land, and no two monopoles may be located within 1,000 feet of each other.
(9)
Every freestanding monopole or support structure, and any unmanned equipment building or cabinet associated with a telecommunications facility must be removed at the cost of the owner of the facility when the telecommunications facility is no longer in use by any telecommunications carriers.
(10)
A monopole, tower or other support structure must be located at a distance of 1/2 foot from the property line of adjacent nonresidentially zoned property for every foot of height of the monopole or other support structure. Such structures must be located a distance of one foot from the property line of adjacent residentially zoned property for every foot of height of such structure.
B.
Telecommunications facilities may be permitted upon a finding by the Board, in addition to the findings required in Article XXII of this chapter, that:
(1)
The application complies with all of the standards contained in § 164-139.1A.
(2)
The location selected is necessary for the public convenience and service.
(3)
The location selected is not in an area in which there is an over concentration of freestanding monopoles, towers or similar structures.
(4)
The location selected for a monopole is more than 300 feet from either the nearest boundary of an historic district or more than 300 feet from the nearest boundary of the environmental setting of an historic resource that is not within an historic district.
(5)
The location selected for a monopole is suitable for the collocation of at least three telecommunications antennas and related unmanned cabinets or equipment buildings, and the facility is designed to accommodate at least three antennas. The holder of a special exception may not refuse to permit the collocation of two additional antennas and related equipment buildings or cabinets unless collocation is technically impractical because of engineering and because it will interfere with existing service. The refusal to allow such collocation without just cause may result in revocation of the special exception.
(6)
The Board must further find that any monopole, tower, support structure, equipment building or cabinet is located in conformity to the applicable setback standards of the zone and those provided in § 164-139.1A(10).
(7)
The Board must find that the addition of an equipment building or cabinet proposed to be located on the roof of a building, in combination with all other roof structures, does not create the appearance of an additional story and does not increase the roof coverage by more than an additional 10%. The Board must also find that the structure minimizes visual impact on surrounding properties and as seen from the public street.
(8)
The Board must also find that a freestanding monopole or other support structure is proposed to hold no fewer than three telecommunications carriers. The Board may approve a monopole or other support structure with fewer than three telecommunications carriers if the applicant establishes that existing telecommunications facilities serving the same service area have no additional capacity to include the applicant's antenna or the applicant establishes that collocation on an existing monopole is technically impractical and that engineering criteria establish the need for the requested facility; and the approval of the application will not result in an over concentration of similar facilities in the surrounding area.
(9)
The Board must find that the operation of the proposed telecommunications facility will not interfere with public safety telecommunicators. Any application for a special exception shall be accompanied by an intermodulation study which provides a technical evaluation of all proposed transmissions and indicates all potential interference problems. Prior to the introduction of any new service, the owner/operator shall provide the City at least 10 calendar days' notice in advance of such service and allow the City to monitor interference levels during the testing process.
(10)
An applicant for a special exception for a telecommunications facility shall provide with the application a report from a qualified and licensed professional engineer which describes the tower, monopole or support structure height and design, including cross sections and elevations; documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas; describes the capacity of the tower or monopole, including the number and type of antennas that can be accommodated; documents what steps the applicant will take to avoid interference with established public safety telecommunications; includes an engineer's stamp and registration number; and includes other information necessary to evaluate the request.
(11)
Prior to granting any requested special exception for a telecommunications facility, the Board may require a visual analysis demonstration for any proposed monopole, tower or support structure.
(12)
After notice and hearing, the Board may revoke the special exception for any telecommunications facility which has not been in use for 12 consecutive months, and the owner of the facility shall remove it at the owner's cost within 90 days after revocation of the special exception by the Board.
§ 164-140 Distance requirements.
[Amended 5-13-2019 by Ord. No. 910]
Any uses of buildings subject to compliance with this section shall be located at least 100 feet from any other lot in a residential zone or in any other zone which contains a dwelling, school, place of worship or institution for human care.
§ 164-141 Ponds, lakes, stabilization and stormwater management facilities.
All ponds, lakes, stabilization lagoons and stormwater management facilities shall be located a minimum of 10 feet from the public right-of-way line and shall be fenced and/or protected by a guardrail along the right-of-way line in accordance with regulations established by the Director of Public Works and approved by resolution of the Mayor and Common Council.
§ 164-142 Use of mutual open space.
No part of a minimum required yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a minimum required yard or other open space required under this chapter for another building or structure.
§ 164-143 Front yard depth; projections into required front or rear yards.
A.
Each front yard depth or setback specified shall be measured at right angles or radially from the nearest street right-of-way line (front property line), except that when the right-of-way of any existing street is less than 50 feet wide in the case of a minor street or less than 60 feet wide in the case of a major street, the front yard or setback shall be measured from a line 25 or 30 feet, as the case may be, from the center line of such street. The foregoing rules shall apply also to the measurement along the side street of a corner lot. Architectural features such as bay windows, chimneys, unenclosed entrances, stoops, balconies, eaves and leaders shall not project more than four feet into any required yard.
B.
If attached to a main building, a one-story open or enclosed and unheated porch or deck, with or without a roof, may extend into any required rear yard not more than 25% of the required depth of the rear yard. An extension of not more than 40% of the required minimum required depth of the rear yard is authorized for properties whose development was approved prior to November 6, 1979.
[Amended 11-25-1991 by Ord. No. 548]
§ 164-144 Bulk requirement modifications.
A.
Minimum lot area and lot width regulations in any zone shall not apply to repeater, booster, transformer or switching stations or dial offices.
B.
Existing lots of record. In any zone wherein a single-family dwelling is permitted, such dwelling may be permitted on any lot or plot which is of official record by deed or a subdivision duly recorded among the land records of Carroll County as of the effective date of this chapter, provided that:
C.
In any zone where dwellings are permitted, a lot not connected to a public water and/or sewerage system shall be subject to the minimum lot requirements provided by the Maryland State Department of Health and Mental Hygiene, Regulation No. COMAR 10.17.2 and 10.17.3 and the Carroll County Plumbing Code, Section 16.4.1 and 16.4.2, as presently provided or as hereinafter may be amended.
§ 164-145 Setback modifications.
A.
Except as provided in the B Zone, where the average setback line of all buildings on lots which are on the same side of the street or road and within 200 feet of the lot in question is less than the minimum setback prescribed by this chapter, the minimum setback line shall be the average setback line of all buildings within 200 feet of the proposed building. However, in no case shall the setback line be less than 25 feet from the center line of any abutting minor road to street or 30 feet in the case of a major street. These minimums shall also apply to the side of a corner lot.
B.
In computing the depth of a rear yard or the width of a side yard where the rear or side yard opens on an alley, 1/2 of the alley width may be included as a portion of the rear or side yard, provided that no buildings shall be located within five feet of an alley line.
C.
The side yard width may be varied where the side wall of a building is not parallel to the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width; provided, however, that such side yard shall not be narrower at any point than 1/2 the otherwise required least width.
D.
A corner lot shall have two front yard setback lines.
§ 164-146 Height exceptions.
[Amended 12-8-1997 by Ord. No. 624]
A.
Building height limitations shall not apply to water tanks, barns, windmills, silos or other accessory farm structures; or to belfries, steeples, spires, electric or transforming or switching equipment, radio, television or radar towers, chimneys or smokestacks, flagpoles, fire or observation towers, cupolas, domes, monuments or roof structures for housing stairways or elevators; or to tanks, ventilating fans, air-conditioning equipment required to operate and maintain the building. No roof structure shall have a total area greater than 25% of the roof area, nor shall such structure be used for any purpose other than a use incidental to the main use of the building. The building height limitations contained in § 164-139.1 shall apply to telecommunications facilities.
[Amended 10-26-1998 by Ord. No. 631]
B.
Any college or university building or administration, student center, dormitory, classroom, place of worship, lecture hall, laboratory, theater, or such type of building related to the educational function of the college or university, constructed on the campus may not exceed a height equal to the height of the tallest building existing on campus as of July 1, 1997; buildings for commercial purposes not principally related to the educational function of the college or university, regardless of ownership of the building or land, shall conform to the height restrictions of the zoning district in which they are located.
[Amended 5-13-2019 by Ord. No. 910]
§ 164-147 Accessory buildings.
A.
Accessory buildings shall be confined to rear yards, except as may hereinafter be otherwise provided in this chapter.
B.
Accessory buildings shall be at least eight feet in distance from alley lines and from lot lines which are adjoining lots in any residential zone.
C.
In any residential zone where a corner lot adjoins in the rear a lot fronting on the side street and located in a residential zone, no part of any accessory building on such corner lot shall be nearer the side street lot line than the minimum front yard requirement along such side street for a dwelling on such adjoining lot. In no case shall any part of such accessory building be nearer to the common lot line than the minimum side yard requirement for the principal building to which it is accessory.
D.
Notwithstanding the provisions of Subsection B above, storage sheds not in excess of 150 square feet of floor space and not in excess of one story in height may be located on rear and/or side lot lines of single-family attached dwellings and multiple-family dwellings. Such storage sheds may not be utilized for the storage of motor vehicles.
E.
Notwithstanding the provisions of Subsection B above, a residential garage which is a portion of a main building or is attached to a main building may be located anywhere on a lot, provided that the garage is within the rear, side and front yard requirements of the zone within which the lot is classified.
F.
Notwithstanding the provisions of Subsection B above, a residential garage which is not a portion of a main building nor is attached to a main building may be located anywhere to the side or rear of the main building, provided that the garage is within the side yard requirements of the zone within which the lot is classified and is at least five feet in distance from the rear lot line of said lot, unless access to the garage is from an existing alley or street which abuts the rear lot line, in which case the setback shall be eight feet from the rear lot line.
§ 164-148 Off-street parking and loading.
In every zone, spaces for off-street parking and for loading and unloading of vehicles shall be provided in accordance with the requirements of Article XVI.
§ 164-149 Automobile service stations.
[Amended 1-28-2008 by Ord. No. 774; 10-13-2025 by Ord. No. 2025-01]
A.
An automobile service station may be permitted upon a finding by the Board, in addition to the findings required in Article XXII of this chapter, that:
(1)
The use will not constitute a nuisance because of noise, fumes, odors or physical activity in the location proposed.
(2)
The use at the proposed location will not create a traffic hazard or traffic nuisance because of its location in relation to similar uses, necessity of turning movements in relation to its access to public roads or intersections or its location in relation to other buildings or proposed buildings on or near the site and the traffic pattern from such buildings or by reason of its location near a vehicular or pedestrian entrance or crossing to a public or private school, park, playground or hospital or other public use or place of public assembly.
(3)
The use at the proposed location will not adversely affect nor retard the logical development of the general neighborhood or of the industrial or commercial zone in which the station is proposed, considering the service required, the population, character, density and number of similar uses.
(4)
The evidence of record establishes that for the public convenience and service a need exists for the proposed use due to an insufficient number of similar uses presently available to serve existing population concentrations in the City and that the use at the location proposed will not result in a multiplicity of proposed uses. In the absence of convincing evidence to the contrary, the following shall constitute lack of probability of a reasonable public need:
(5)
The proposed use will be conducted upon a lot having a minimum area of 20,000 square feet, provided that this size is adequate to meet the necessary services and the setback and buffering requirements, and a minimum lot frontage of 120 feet on a public road shall be required for each automobile service station site.
(6)
The lot shall contain landscaping on a minimum of 10% of the site area.
B.
In addition, the following requirements shall be met:
(1)
When such abuts a residential zone or institutional premises not recommended for reclassification to commercial or industrial zone on an adopted Master Plan and is not effectively screened by a natural terrain feature, the use shall be screened by a solid wall or a substantial, sightly, solid fence not less than five feet in height, together with a three-foot planting strip on the outside of such wall or fence, planted in shrubs and evergreens. Screening shall not be required on street frontage.
(2)
Signs, products displays, parked vehicles and other obstructions which adversely affect visibility at intersections or to station driveways shall be prohibited.
(3)
Lighting shall be designed and controlled so that any light source, including the interior of a building, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect surrounding or facing premises nor adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Such lighting shall not shine on or reflect on or into residential structures.
(4)
All automobile service station developments shall meet City off-street parking standards to ensure the safe movement of vehicles and pedestrians. The arrangement of structures, islands, driveways, parking and landscaping shall be designed so as to ensure maneuvering ease, to serve the community and not to adversely affect adjacent properties.
(5)
Driveways shall be designed and located to ensure a safe and efficient movement of traffic on and off the site from the lane of traffic nearest the curb. The design, location and construction of all vehicular access driveways shall be in accordance with the applicable specifications and standards of the Department of Public Works.
(6)
Gasoline pumps or other service appliances shall be located on the lot at least 10 feet behind the building line, and all service storage or similar activities in connection with such use shall be conducted entirely within the building. There shall normally be at least 20 feet between driveways on each street, and all driveways shall be perpendicular to the curb- or street line unless the Planning Director determines that those configurations would present an unreasonable risk to vehicular and pedestrian traffic and grants a modification of those requirements which would eliminate or minimize such risks.
(7)
Vehicles shall not be parked so as to overhang in the public right-of-way.
§ 164-150 Conversion dwellings.
[Amended 12-20-1999 by Ord. No. 649]
In the R-7,500, B, D-B and C-B Zones, a dwelling may be converted to provide additional dwelling units upon a finding by the Board, in addition to those required in Article XXII of this chapter, that:
A.
There will be off-street parking in accordance with the parking standard for multiple-family units as provided in § 164-111C, and the location of said spaces when occupied by motor vehicles will not obstruct or impede the safe movement of vehicles and pedestrians or be parked so as to overhang in the public right-of-way.
B.
The maximum number of dwelling units permitted in any conversion dwelling in the B, D-B or C-B Zone shall be determined by dividing the area in square feet of the lot upon which the proposed conversion dwelling is located by 3,500. The maximum number of dwelling units in the R-7,500 Zone shall be determined by dividing the area in square feet of the lot upon which the proposed conversion dwelling is located by 5,000.
C.
The structure sought to be converted is not enlarged or expanded more than 30% of the floor area of the dwelling existing prior to conversion.
D.
Each proposed dwelling unit shall meet the minimum square foot requirements of the Minimum Livability Code as contained in Carroll County Ordinance No. 70.
§ 164-151 Junkyards.
A.
Any person or persons, corporation, partnership, association or organization shall be prohibited from establishing, maintaining or operating a junkyard for the collection, storage or disposal of junked motor vehicles, furniture, furnishings or equipment without a permit from the Zoning Administrator, which shall be issued in the industrial zones only upon the following conditions:
(1)
The yard shall be located at least 500 feet at its closest point from any property used for a school or a hospital or for religious purposes.
(2)
No junkyard shall be established within any block or area which contains residences.
(4)
No junkyard permit shall be granted when the location and use of the junkyard would hinder or obstruct traffic or cause a traffic condition dangerous to the public, would be dangerous to the health or safety of the public or would constitute a public nuisance.
(5)
No junkyard permit shall be issued for any junkyard which requires a state license in any case in which the State Roads Commission has denied such license.
B.
No receptacles or other structure or pieces of equipment in said yards shall be permitted to be exposed in such a manner as would permit accumulation of water.
C.
Grass or weeds shall not be permitted to grow higher than one foot from the ground.
D.
Any junked or abandoned cars, trucks and other motor vehicles shall be kept in an orderly manner and out of sight of a public road and residential zones, except agricultural.
E.
No materials shall be burned.
F.
No garbage, refuse or organic matter shall be permitted to accumulate on such lots.
G.
Such lots shall be adequately fenced in with a fence of sufficient height and quality to prevent trespassers from entering such premises and shall be screened by a fence and hedge so as not to be visible. Said fencing and hedging shall be approved by the Board.
H.
Owners and operators of junkyards and places of business for the purchase, sale, baling, handling or storage of scrap paper, junked automobiles, metals, bottles, rags, rubber or other junk are hereby prohibited from transacting any such business with any minor other than a relative or employee. However, this subsection shall not be construed to prohibit collection of junk and the sale thereof to junk dealers when such collection is made by organizations such as, for example, the Boy Scouts or Girl Scouts of America when a permit for such purpose has been issued, free of charge, by the City.
I.
Each owner or operator of a junkyard or place of business for the purchase, sale, baling, handling or storage of scrap paper, junked automobiles, metals, bottles, rags, rubber or other junk shall keep a record of all purchases made by him, such record to include the name and address of the vendor, the item purchased, the purchase price, the date of purchase and any unusual circumstances connected with the transaction. This record shall be open to inspection by the Police Department during all regular business hours prevailing within the City.
§ 164-152 Mobile homes.
Unless otherwise provided in this chapter, the parking of a mobile home in any district shall be prohibited, except in the following locations:
A.
One mobile home may be parked or stored in an accessory building or in the rear yard of a principal use, provided that no living quarters shall be maintained or any business conducted in such mobile home while it is parked or stored.
B.
A mobile home may be located as a temporary construction office in any zone.
C.
A mobile home may be placed, upon approval of the Board, on a farm to be used in support of agricultural enterprises conducted thereon in either of the following cases:
D.
The Board may authorize and issue a permit under Subsection C when the mobile home shall be located in the immediate vicinity of and as an integral part of other major farm buildings (located in the farm building group) not more than 300 feet therefrom and abiding by setback and yard requirements prescribed for the district, and provided further that a minimum of 50 acres of land engaged in the active production of agricultural products shall be required for eligibility under this section. A farm or any other portion thereof, regardless of size, that is not actively employed in agricultural production or a farm or portion thereof enrolled in the United States Department of Agricultural soil bank or similar program shall be considered inactive and not eligible under this section.
§ 164-153 Multiple-family dwellings.
A.
Multiple-family dwellings may be permitted as a special exception upon a finding by the Board, in addition to the findings required in Article XXII of this chapter, that the following standards and requirements will be met.
B.
Standards for sites consisting of one acre or less. Sites consisting of one acre or less shall meet the following standards:
(1)
Density. The maximum number of dwelling units permitted shall be determined by dividing the area in square feet of the site by 2,150. Where the quotient resulting from the foregoing division includes a fraction and where the fraction exceeds 0.75, one additional dwelling unit may be added to the quotient. For purposes of this section only, an efficiency unit shall be counted as 0.75 of a dwelling unit; a one-bedroom unit shall be counted as one dwelling unit; and a unit with two or more bedrooms shall be counted as 1.25 dwelling units.
(2)
Open space. Ten percent of the site area shall be kept for open space.
(3)
Building height limit. No structure shall exceed the height of three stories or the height of an adjacent structure on the block, whichever is higher.
(4)
Building or use setbacks. Notwithstanding the provisions of § 164-45, the following minimum requisites for building or use setbacks shall be observed:
(a)
Front. The front line setback shall be six feet or equal to the setbacks of immediately adjacent buildings, whichever is more, from the public street.
(b)
Side. The side line setback shall be equal to 1/3 or more of the height of the multifamily building.
(c)
Rear. The rear line setback shall be 40 feet from the rear lot line for multifamily buildings and eight feet from the rear lot line for accessory buildings.
(d)
For parking uses, the setback shall be five feet from any public walkway, 10 feet from any street or curb and five feet from every residential lot line.
C.
Standards for sites consisting of more than one acre. Sites consisting of more than one acre shall meet the following standards:
(1)
Density. The maximum number of dwelling units shall not exceed 15 dwelling units per acre. Calculation of net acreage shall include all land within the site, except floodplain areas and slopes in excess of 25%.
(2)
Lot area, lot width and yard requirements. The minimum lot area, lot width and yard requirements contained in § 164-91C shall be met.
(3)
Building height limitations. The maximum building height limitations contained in § 164-92 shall not be exceeded.
§ 164-153.1 Multiple-family dwellings in R-7500 Residential Zone.
[Added 10-25-1999 by Ord. No. 639]
A.
Multiple-family dwellings permitted in the R-7500 Residential Zone under § 164-135D shall comply with the following standards and requirements:
(1)
Density. The maximum number of dwelling units shall not exceed the number of dwelling units existing on the site as of July 1, 1999, plus an increased density bonus of 20%.
(2)
Open space. Ten percent of the site area shall be kept for open space.
(3)
Building height limit. No multiple-family dwelling shall exceed 2 1/2 stories or 35 feet in height, and no accessory building shall exceed two stories or 25 feet in height.
(4)
Building or use setbacks. The following minimum requisites for building or use setbacks shall be observed:
(a)
Front. The front line setback shall be six feet or equal to the setbacks of immediately adjacent buildings, whichever is more, from the public street.
(b)
Side. The side line setback shall be equal to 1/3 or more of the height of the multifamily building.
(c)
Rear. The rear line setback shall be 40 feet from the rear lot line for multifamily buildings and eight feet from rear lot line for accessory buildings.
(d)
For parking uses, the setback shall be five feet from any public walkway, 10 feet from any street or curb and five feet from every residential lot line.
§ 164-153.2 Multiple-family housing for older persons.
[Added 9-24-2001 by Ord. No. 672[1]]
A.
Housing for older persons may be permitted as a special exception upon a finding by the Board, in addition to the findings required in Article XXII of this chapter, that the following standards and requirements will be met.
B.
Density. The maximum number of dwelling units shall not exceed 16 dwelling units per gross acre, prior to any dedications.
C.
Open space. At least 10% of the site shall be kept for open space.
D.
Building height limit. No principal structure shall exceed three stories or 40 feet in height, and no accessory building shall exceed two stories or 20 feet in height.
E.
The following minimum requirements shall apply:
Dwelling Type | Lot Width at Building Line (feet) | Front Yard (feet) | Side Yard (feet) | Rear Yard (feet) | |
|---|---|---|---|---|---|
All principal and accessory structures | 100 | 40 | 20 | 50 |
F.
For the purpose of administering this section, any room other than a living room, kitchen, dinette or dining room, bathroom and closet shall be construed as a bedroom.
G.
The architectural design of all buildings shall be consistent with the creation of an independent, self-reliant and pleasant living atmosphere for a group of older persons requiring indoor and outdoor privacy, participation in social and community activities and who may have limited mobility.
H.
Dedication of land for public use. Such land as may be required for public streets, parks, schools and other public uses shall be dedicated in accordance with the requirements of the laws of the City and the adopted general plan and Master Plans and other plans as may be applicable. The lands to be dedicated shall be so identified upon development plans and site plans required under the provisions of this chapter and any other laws of the City.
I.
Parking. Spaces for off-street parking and for loading and unloading shall be provided in accordance with the requisites of Article XVI, except that each standard perpendicular or angled parking space shall be a rectangle having minimum dimensions of 10 feet by 18 feet.
J.
The applicant shall demonstrate that the proposed use is compatible with the abutting dissimilar land uses, which may include provisions to mitigate impacts upon adjacent properties. Any proposal submitted by the applicant to the Board to address compatibility shall become part of the Board's findings and requirements.
§ 164-154 Single-family detached and semidetached dwellings.
Single-family detached and semidetached dwellings may be permitted as a special exception upon a finding by the Board, in addition to the findings required in Article XXII of this chapter, that the following standards and requirements will be met.
A.
Open space. Ten percent of the site area shall be kept for open space.
B.
Building height limit. No structure shall exceed the height of three stories or the height of an adjacent structure on the block, whichever is higher.
C.
Building or use setbacks. Notwithstanding the provisions of § 164-45, the following minimum requisites for building or use setbacks shall be observed:
(1)
Front. The front line setback shall be six feet or equal to the setbacks of immediately adjacent buildings, whichever is more, from the public street.
(2)
Side. The side line setback shall be equal to 1/3 or more of the height of the principal structure.
(3)
Rear. The rear line setback shall be 25 feet from the rear lot line for the principal structure and eight feet from rear lot line for accessory structures.
(4)
For parking uses, the setback shall be five feet from any public walkway, 10 feet from any street or curb and five feet from every residential lot line.
§ 164-155 Self-service storage facilities.
In the I-R Restricted Industrial Zone, self-service storage facilities are permitted, provided that the following standards and requirements are met:
A.
Building height limit. No structure shall exceed 20 feet in height.
C.
Building construction.
(1)
Materials. The exterior of all buildings visible from outside the property shall be brick, architecturally attractive block (such as scored colored block, fluted block or split-face block) or some other similarly acceptable material. Standard block or metal exteriors are allowed in interior areas not visible from outside the property.
(2)
Area. The maximum floor area of each individual storage unit shall be 300 square feet, except that up to 20% of the total area may be encompassed by units of up to 600 square feet. In no case will any unit greater than 600 square feet be permitted.
D.
Parking.
(1)
Parking shall be provided at a ratio of one space for each 6,500 square feet of gross building area, but not less than six parking spaces shall be provided.
(2)
Parking near units shall be provided as a part of the driving lane. Said lane shall be a minimum of 20 feet wide.
(3)
Parking spaces may not be rented as or used for vehicular storage.
E.
Lighting. All outdoor lighting shall be shielded to direct light and glare only onto the self-service storage premises and shall be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties.
F.
Landscaping.
(1)
Size. A minimum landscaped strip 10 feet wide shall be provided along the entire perimeter of the premises.
(2)
Placement. Landscaping shall be provided in areas between the property line and the required fencing or barrier.
(3)
Planting. Landscaping shall be provided to establish a buffer between the site barrier (fence or storage structure wall) and the property line. The buffer shall consist of a variety of hardy evergreen and deciduous plant material, located in such a way so as to provide substantial screening of the site barrier. Emphasis of the planting shall be directed toward key frontage and rear and side yard conditions where the impact of the project may be the most severe. The plant material selected shall consist of a mix of shade trees, flowering trees, evergreen trees and evergreen and deciduous shrubs and ground cover. Evergreen trees shall have a minimum height of six feet. Shade trees shall have a minimum caliper of 2 1/2 inches, and flowering trees shall have a minimum caliper of two inches. Landscaping plans shall be prepared by a registered landscape architect.
G.
Fencing. A barrier shall be located at least 10 feet from the property line. Said barrier may consist of either the solid facades of the storage structures or a fence. Any fence shall be a minimum of eight feet in height and constructed of opaque materials that will prevent the passage of light and debris, such as brick, stone, architectural tile, masonry units, wood or similar materials.
H.
Signs. Signs shall be permitted subject to the provisions of Article XVII of this chapter. However, outdoor advertising displays, media or signs that do not identify the nature of the self-service storage facilities shall not be permitted on the premises.
I.
Storage only. The following restrictions are imposed:
(1)
No business activity other than the storage and removal of personal property shall be conducted on the premises.
(2)
Outside storage not to exceed 15% of the gross building area shall be permitted for the storage of licensed motor vehicles, trailers, campers and boats. The service, repair, construction or reconstruction of any such property is prohibited, and this provision shall not permit the storage of such property which is partially dismantled, wrecked or inoperable. Any such outside storage shall be located only in designated paved areas located in a manner so as not to interfere with the use of enclosed storage, and said designated area shall be located in a manner not to be visible from outside the property. Such area shall not be considered to substitute for the parking requirements set forth in Subsection D.
(3)
No outside storage will be permitted other than that allowed in the prior subsection.
(4)
Storage of flammable, toxic or explosive materials or hazardous chemicals is prohibited, except for fuel in the standard fuel tanks of boats and other vehicles.
(5)
All rental contracts for self-service storage facilities shall include clauses prohibiting the storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals and the use of the property for uses other than dead storage.
§ 164-155.1 Indoor shooting ranges.
[Added 2-27-1995 by Ord. No. 594]
Indoor shooting ranges may be permitted as a special exception upon approval by the Board in accordance with the provisions of this chapter, provided that the following standards and requirements are met:
A.
That any such range shall be constructed and maintained in such a manner as to eliminate all danger to persons or property outside said range from flying projectiles.
B.
Any such range shall be housed in a separate freestanding building with no other uses therein.
C.
Any such range shall employ the best available technology in the handling, manipulation, control, management and disposal of metallic bullet lead and lead shot.
D.
Any such application under consideration by the Board shall include the organizational and management structure of the indoor shooting range, a detailed plan of operation and a security plan, all of which such documents shall be adopted either as proposed or as amended by the Board as conditions to approval of the special exception by the Board.
E.
The use of explosive-tip or Teflon-coated ammunition and black powder shall not be allowed within any such facility.
F.
No persons shall be allowed within any such facility who appear to be under the influence of drugs and/or alcohol.
G.
The sale or consumption of alcoholic beverages on the property shall be prohibited.
H.
Entering or leaving the premises with loaded firearms shall be strictly prohibited. All firearms must be cleared and open except while on the firing line. This subsection shall not apply to law enforcement personnel and those individuals who have a valid handgun permit issued by the Maryland State Police.
§ 164-155.2 Private indoor recreational facilities.
[Added 12-14-2015 by Ord. No. 861]
Private indoor recreational facilities may be permitted as a special exception, upon approval by the Board in accordance with the provisions of this code, provided that the following standards and requirements are met below. An exception to § 164-140 is noted under Subsection C below.
§ 164-155.3 Firearms sales in D-B Downtown Business Zone.
[Added 1-14-2019 by Ord. No. 903]
A.
Firearm sales may be permitted as a special exception in the D-B Zone upon approval by the Board of Zoning Appeals for businesses with the primary purpose of firearms training and/or sales in accordance with the provisions of this Code, provided that the following standards and requirements are met below. The distance requirements from dwellings, schools, places of worship and institutions for human care are waived for firearms sales via an exception to § 164-140 under Subsection H below.
[Amended 5-13-2019 by Ord. No. 910]
(1)
A loading and unloading station must be provided within the facility where firearms are to be sold. Stations shall be comprised of heavy steel enclosures to safely contain any errant round fired while loading or unloading a firearm.
(2)
An industry-standard alarm system must be provided. Alarm systems must be technically robust and encompass glass protection, interior and exterior doors, access panels and ducts. A panic button must be provided. The system must be externally monitored.
(3)
An industry-standard video surveillance system must be provided. Video surveillance systems must include coverage of all entrances and exits, register areas, loading areas, and restricted firearms storage areas. Cameras should also be visible to the public to serve as a crime deterrent.
(4)
Firearms sales facilities shall provide break-resistant doors, gates, glass, security grills and gates.
(5)
Exterior and interior lighting must be provided with automatic timers to function from dusk to dawn each day.
(6)
All exterior doors must have commercial-quality locks and door hardware, dead bolts, guard plates, emergency egress locks and secondary locking mechanisms.
(7)
Firearms may only be displayed in high-security showcases, firearm safes, cable locks and secure stockrooms. All firearms must be removed from display and placed in secure storage during the hours the establishment is closed. A security protocol for all transfer times must be established.
(8)
Firearms sales uses shall not be subject to the additional distance requirements in § 164-140 (i.e., 100 feet from any property that contains a dwelling, school, place of worship or institution for human care).
(9)
Any wall abutting another structure designed or intended for human occupancy must be constructed of or faced with a bullet-resistant material.
B.
No firearms sales may be conducted in any premises on any lot that is contiguous with Main Street.
C.
Notwithstanding any other provision in the Code, firearms sales uses approved under this section and located in an existing building shall be exempt from all parking requirements in § 164-111.
D.
Notwithstanding any other provision of this Code, a special exception granted by the Board of Zoning Appeals under this section will lapse six months after the cessation of the business with the primary purpose of firearms training and/or the sale of firearms.
E.
The Westminster Police Department shall inspect the premises biennially for compliance with the requirements of this section.
§ 164-155.4 Solar collectors and facilities.
[Added 6-14-2021 by Ord. No. 934]
A.
Roof-mounted solar collectors for nonresidential or multiple-family dwelling buildings may be permitted as an accessory use to permitted uses in any zoning district and roof-mounted solar facilities may be permitted as a permitted use in accordance with the provisions of this Code and subject to site development plan approval, provided that the following minimum standards and requirements are met:
(1)
Solar collectors and facilities shall be located only on flat portions of the roof of a building or structure. However, solar collectors may be located on nonflat portions of the roof of a building or structure, subject to providing all black solar panels and support framing and any additional restrictions, conditions, or limitations necessary to protect the intent of this section that may be imposed by the Zoning Administrator.
(2)
Solar collectors and facilities shall be mounted flat upon or flush to the rooftop, except as outlined in § 164-155.4A(1), shall be set back pursuant to the pathway requirements of NFPA 1 (2018), as amended, to allow for safe access and maintenance to the solar facility equipment and other rooftop equipment; and shall not exceed applicable building or structure height requirements.
(3)
Solar collectors and facilities shall be screened from residential uses and residentially zoned properties and from the ground level of abutting rights-of-way. The screening material must be compatible with and integrated into the architectural and/or site design of the property.
(4)
Solar collectors and facilities shall not be lighted.
(5)
Signage for solar collectors is prohibited. Small signs or plaques for solar facilities noting the presence of a roof-mounted solar facility serving a community solar project may be permitted by the Zoning Administrator. Such signs shall not exceed two square feet in area and shall be building-mounted.
(6)
Solar collectors and facilities shall conform with applicable industry standards, such as the American National Standards Institute (ANSI), Underwriters Laboratory (UL), the Institute of Electrical and Electronics Engineers (IEEE), the American Society of Testing and Materials (ASTM) or similar organizations and institutes as required by the Zoning Administrator.
(7)
Solar collectors and facilities shall be designed and located to avoid glare, moving shadow and/or any reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard. A glare analysis demonstrating compliance with this standard may be required by the Zoning Administrator.
(8)
Solar collectors and facilities shall be designed and secured to prevent unauthorized access.
(9)
Audible sound from the solar collectors and facilities and support devices, including but not limited to transformers, as measured at the property line shall not exceed normal ambient sound levels from traffic and other conditions in the vicinity, as determined by the Board in its discretion.
(10)
Any new nonutility transmission or distribution lines and all ground level connections for solar collectors and facilities shall be underground and shall comply with the most current requirements for electrical connections and required electrical permits in the Carroll County Code of Public Laws.
(11)
All outdoor associated supporting equipment to be located on the ground, not including solar photovoltaic collectors, shall meet all applicable setbacks, shall not exceed 560 square feet in area and six feet in height, and shall be approved by the Board. A minimum landscape manual type A screening shall be required to screen outdoor ground equipment.
B.
Roof-mounted solar facilities must be operated to generate power for a community solar project as that term is defined in the Public Utilities Article of the Annotated Code of Maryland.
C.
Solar collectors and facilities must comply with all applicable local, state, and federal laws, codes, and provisions.
D.
Solar collectors and facilities no longer in use shall be removed from the site within one year of the date that the use ceases.
§ 164-155.5 Satellite automobile storage lots.
]Added 12-13-2021 by Ord. No. 938]
In the I-R Restricted Industrial Zone, satellite automobile storage lots are permitted, provided that the following standards and requirements are met:
A.
Automobile parking or use setback. Notwithstanding the provisions of § 164-55, the following are the minimum setbacks for automobile storage parking uses and activities:
B.
Lighting. All outdoor lighting shall not exceed 20 feet in height, shall be shielded to direct light and glare only onto stored automobiles, and shall be of minimum sufficient intensity to discourage vandalism and theft and shall not exceed one footcandle. Said lighting and glare shall be deflected, shaded and focused away from all adjoining properties.
C.
Fencing. A site barrier shall be located at least 10 feet from the property line. Said barrier may consist of either the solid facades of structures, subject to setback or yard requirements, and/or a fence. Any fence shall be a minimum of eight feet in height and constructed of opaque materials that will prevent the passage of light and debris, such as brick, stone, architectural tile, masonry units, wood or similar materials.
D.
Landscaping.
(1)
Size. A minimum landscaped strip 10 feet wide shall be provided along the entire perimeter of the premises.
(2)
Placement. Landscaping shall be provided to establish a buffer area between the site barrier (fence or storage structure facade wall) and the property line.
(3)
Planting. One planting unit per 15 linear feet of buffer area between the site barrier and the property line. The buffer shall consist of a variety of hardy evergreen and deciduous plant material, located in such a way so as to provide substantial screening of the site barrier. Emphasis of the planting shall be directed toward key frontage and rear and side yard conditions where the impact of the project may be the most severe. The plant material selected shall consist of a mix of shade trees, flowering trees, evergreen trees and evergreen and deciduous shrubs and ground cover. Evergreen trees shall have a minimum height of six feet. Shade trees shall have a minimum caliper of 2°1/2 inches, and flowering trees shall have a minimum caliper of two inches. Landscaping plans shall be prepared by a registered landscape architect.
E.
Classification. An automobile storage lot shall not be considered an accessory use, shall not be used to store inoperable or junked vehicles or vehicles intended for salvage or designated "totaled" by the last owner's automobile insurer, shall not include service or repair facilities, and shall not include the sale of vehicles.
F.
Termination. At such time the existing automobile sales and service use located within the City of Westminster that established the satellite automobile storage lot use ceases to exist or is no longer located within the City, such satellite automobile storage lot shall cease operations, and all approvals are null and void and such use is in violation of the Zoning Ordinance.
§ 164-155.6 Microbreweries and pub breweries.
[Added 8-22-2022 by Ord. No. 942]
Microbreweries and pub breweries are permitted, provided that the following standards and requirements are met:
A.
Tasting rooms and accessory food sales.
(1)
Facilities for tasting rooms and accessory food service shall not exceed the lesser of 49% of the total gross floor area or 1,000 square feet.
(2)
Outdoor tasting rooms or similar outdoor activities shall be set back at least 50 feet from all lot lines of adjacent agriculturally or residentially zoned properties.
(3)
Facilities for accessory prepackaged or preprepared food sales related to microbreweries' and pub breweries' consumption for the convenience of tasting room patrons only shall be permitted.
B.
Restaurant. A restaurant may be provided in accordance with the underlying zoning district.
C.
Mobile food truck. A mobile food truck licensed by the Carroll County Health Department may be provided on a temporary basis and may operate between 9:00 a.m. and 9:00 p.m. each day on a particular privately owned property, with the permission of the property owner, and may remain on the property for all or part of the twelve-hour period, in accordance with the Zoning Ordinance. The mobile food truck must be removed from the property after 9:00 p.m. each day and shall not be located on the same property more than two times per week. The Zoning Administrator may, upon written request of the property owner and upon a finding of good cause, extend the time period limitations. The mobile food truck shall not be hooked up to public water or sewer systems.
D.
Storage area. Outdoor equipment and storage of materials used for microbreweries and pub breweries shall not be permitted.